Deborah Shearwater et al v. Dan Ashe, et al

Filing 72

ORDER VACATING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 7/20/2015. (lhklc3, COURT STAFF) (Filed on 7/20/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 DEBRA SHEARWATER et al., Plaintiffs, 13 14 15 Case No. 14-CV-02830-LHK ORDER VACATING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND CONTINUING CASE MANAGEMENT CONFERENCE v. 16 DAN ASHE, Director, U.S. Fish and Wildlife Service; SALLY JEWELL, Secretary, U.S. Department of the Interior, 17 Defendants, 18 – and – 19 20 AMERICAN WIND ENERGY ASSOCIATION, 21 Defendant-Intervenor. 22 23 24 Before the Court are cross-motions for summary judgment filed by plaintiffs Debra 25 Shearwater, Stephen A. Thal, Dr. Carolyn Crockett, Michael Dee, Robert M. Ferris, and American 26 Bird Conservancy (“ABC”) (collectively, “Plaintiffs”) and by defendants director of the U.S. Fish 27 1 28 Case No. 14-CV-02830-LHK ORDER VACATING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND CONTINUING CASE MANAGEMENT CONFERENCE 1 and Wildlife Service (“FWS”) Dan Ashe and secretary of the U.S. Department of the Interior 2 (“DOI”) Sally Jewell (collectively, “Federal Defendants”) and defendant-intervenor American 3 Wind Energy Association (“AWEA”). ECF No. 52 (“Pls. MSJ”); ECF No. 64 (“AWEA MSJ”); 4 ECF No. 65 (“Fed. Defs. MSJ”). 5 The Court finds these motions suitable for decision without oral argument under Civil 6 Local Rule 7-1(b) and hereby VACATES the motion hearing set for July 23, 2015, at 1:30 p.m. 7 The case management conference set for that date and time is hereby CONTINUED to August 26, 8 2015, at 2:00 p.m. 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 13 Dated: July 20, 2015 ______________________________________ LUCY H. KOH United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 14-CV-02830-LHK ORDER VACATING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND CONTINUING CASE MANAGEMENT CONFERENCE

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